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(영문) 서울북부지방법원 2017.09.12 2016가단121861
건물명도
Text

1. The Plaintiff:

A. Defendant B shall receive KRW 35,000,000 from the Plaintiff and at the same time enter in the attached list.

Reasons

1. Facts of recognition;

A. The real estate listed in the separate sheet (hereinafter “instant real estate”) was originally owned D. As D died on January 24, 2012, E acquired ownership due to inheritance due to an agreement division. The Plaintiff purchased the ownership from E on March 25, 2016 and purchased it on April 26, 2016.

B. On November 20, 2009, Defendant B acquired the right to lease the instant portion of 1st,2,3,6, and 1 of the instant real estate from F to F and D in sequence with the indication of the annexed drawings among the first floor of the instant real estate (hereinafter “the part on 1st floor of this case”) 39.94 square meters (hereinafter “the portion on 1st floor of this case”). On December 10, 2009, Defendant B entered into a lease agreement with F and D by setting the deposit amount of 35,000,000,000,000,000, from December 15, 2009 to November 30, 201. The lease agreement was concluded between D and D with respect to the portion on 1st floor of this case.

C. On June 16, 2015, Defendant B entered into a lease agreement with the Plaintiff on June 16, 2015 (hereinafter “lease agreement as of June 16, 2015”) with regard to the instant first floor (A), KRW 35,00,000, KRW 1,770,000, and KRW 1,770,000, and the term of lease from July 1, 2015 to June 30, 2017 (hereinafter “lease agreement as of June 16, 2015”). D. Defendant C concluded a lease agreement with the Plaintiff on May 2, 2016 under the following terms: (b) the agreement between the Plaintiff and the Plaintiff on the first floor of the instant real estate and the Plaintiff on each of the following occasions; (c) the lease agreement as to the Plaintiff’s terms and conditions (hereinafter “the lease agreement”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-3, 4, Gap evidence 4-1, 2, and Gap evidence 7.

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